Opinion
Argued November 24, 1952
Decided January 15, 1953
Appeal from the Supreme Court, Appellate Division, Third Department, CASHIN, J.
Frederick H. Stang, County Attorney ( Arthur A. Davis, Jr., of counsel), for appellant.
John A. Bonomi for respondent.
Order of Appellate Division reversed, without costs, and matter remitted to that court pursuant to section 606 of the Civil Practice Act for determination of the questions of fact. (See Rugg v. State of New York, 303 N.Y. 361.) No opinion.
Concur: LOUGHRAN, Ch. J., LEWIS, CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ.